header-logo header-logo

24 July 2013 / Barnaby Yates , Ross Risby
Issue: 7570 / Categories: Features , Procedure & practice , Costs
printer mail-detail

A waste of time?

172307436

Ross Risby & Barnaby Yates report on the limited nature of a litigation solicitor’s potential exposure to litigation costs

In Mengiste v Endowment Fund for the Rehabilitation of Tigray [2013] EWHC 1087 (Ch), Peter Smith J considered the first stage of an application by the defendants for a wasted costs order, based on the conduct of the claimant’s solicitors in pursuing what the defendants characterised as hopeless litigation. The claimants’ claim, which concerned the disputed acquisition of shares in an Ethiopian company, hinged on expert evidence to establish that there was a real risk that they would not obtain a fair trial if the dispute was heard by the courts in Ethiopia. Peter Smith J rejected the claimant’s expert evidence as tendentious and acceded to the defendants’ application for a stay of the High Court proceedings.

In seeking wasted costs, the defendants argued that the claimants’ solicitors should not have allowed the expert’s flawed reports to be relied on to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll